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Fundamental dishonesty clause moves one step closer to becoming law

Clause 45 of the Criminal Justice and Courts Bill passed through Committee Stage in the House of Lords yesterday without amendment. The clause seeks to introduce a range of provisions where a claim for personal injury is found to be fundamental dishonesty, including dismissal of the whole claim.  The rule also provides that in cases of fundamental dishonesty, recovery of defence costs will be linked to the sums claimed that were linked to the dishonesty.

The clause was agreed only after what were at times testy exchanges about whether the clause went too far and the motivation behind the late inclusion of the clause. A number of proposed amendments to the clause, including a suggestion that the term “fundamental” be omitted and a suggestion that there be a mirror clause, where defendants were found to be fundamentally dishonest were not taken forward. However, a new clause, as moved by Justice Minister Lord Faulks has been inserted into the Bill and sets out “Rules against inducements to make personal injury claims” and will go forward to the next stage.

Clause 26 of the Bill contains provisions around causing death or serious injury whilst disqualified from driving.

The Bill continues in Committee on Monday when the Lords consider amendments to later stages of the Bill. Follow the Bill’s progress.

For further information please contact Marcus Davies, Professional Support Executive, on 0161 603 5146.

By Marcus Davies

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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